Shri Pradip Agarwalla vs Smti Veena Devi Agarwala
2023 Latest Caselaw 3391 Gua

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GAHC010155452023




                              THE GAUHATI HIGH COURT
   (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                                   Case No. : SAO/4/2023

            SHRI PRADIP AGARWALLA
            S/O LATE DURGA PRASAD AGARWALLA,
            RESIDENT OF SIMALGURI, DIST SIBSAGAR, 785686, ASSAM



            VERSUS

            SMTI VEENA DEVI AGARWALA
            W/O SRI VED PRAKASH AGARWAL,
            RESIDENT OF PINK HOUSE, A K AZAD ROAD, REHABARI, GUWAHATI
            781008, KAMRUP M ASSAM

            2:THE GUWAHATI WHOLESALE CONSUMERS CO OPERATIVE SOCIETY
            LIMITED.
             CO OPERATIVE SOCIETY REGISTERED UNDER THE ASSAM CO
            OPERATIVE SOCIETIES ACT
             1949
             HAVING ITS REGISTERED OFFICE AT A.T ROAD
             PALTAN BAZAR
            GUWAHATI 781001
             KAMRUP M ASSA

Advocate for the Petitioner   : MR G SAHEWALLA

Advocate for the Respondent : MR. A SATTAR
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                                   :: BEFORE ::
                     HON'BLE MR. JUSTICE PARTHIVJYOTI SAIKIA

                                   O R D E R

28.08.2023

Heard the learned senior counsel Mr. G.N. Sahewalla assisted by Mr. R.C. Sancheti, learned counsel appearing for the appellant. Also heard Mr. A. Sattar, learned counsel representing the respondent/caveator.

The Second Appeal is admitted for hearing upon the following two substantial questions of law:

(1) Whether the judgment of the appellate court below is in accordance with Order XLI Rule 31 in not considering the findings of the trial court and without framing proper points to be decided?

(2) Whether judgment of the appellate court below is perverse in not considering the evidence on record more particularly the evidence of appellant and report of Amin Commissioner and the rent receipts of the appellant showing room No.10 and also 10 B in many receipts as well as Exh. D dated 4.2.2003 bears Room No. 10B?

Issue Notice.

No formal steps are required to be taken as because Mr. Sattar has accepted notice on behalf of the respondent/caveator. However, extra Page No.# 3/3

copy of the memo of appeal be furnished to him.

The appellant shall take steps for service of notice upon the remaining respondents by registered post with A/D.

Call for the LCR.

List after 4(four) weeks.

JUDGE

Comparing Assistant